[PATCH weston v2 3/4] libweston: Add check and fallback for linux/sync_file.h

Pekka Paalanen ppaalanen at gmail.com
Wed Sep 27 08:57:14 UTC 2017

On Wed, 27 Sep 2017 09:00:27 +0200
Christian Stroetmann <stroetmann at ontolinux.com> wrote:

> On 27.09.2017 08:17, Alexandros Frantzis wrote:
> > All that being said, I understand the reluctance to include a copy of
> > the kernel userspace API header, since it's a grey area in terms of GPL.
> > Google did a similar thing for bionic a few years ago, and although this
> > move caused some concern, no definitive legal answer was given (bionic
> > still uses a striped down version of the headers without issue today).
> > It's unfortunate that the situation is not clearer.  
> A definitive legal answer was given. The stripped down version of the 
> headers is covered by the fair use clause of the copyright because it is 
> arbitrary code respectively it is not sufficiently original and unique, 
> and not directly connected with the individual creative expression of 
> the authors of Linux.
> Or said in other words, the stripped down version of the headers include 
> common code of operating systems and when you read the stripped down 
> version of the headers, then you are unable to confuse the origin of the 
> code and to decide if it was written by the Linux authors, Google, or 
> another entity.
> Exactly for creating this legal situation the headers were stripped down 
> from such lines of code that would have revealed its origin respectively 
> show the connection with the authors of Linux.
> This trick does not work for every header or other parts of software. If 
> a header defines a very specific item, for example an array of 7 very 
> special items that is directly connected with the rest of an author's 
> code, work respectively individual expression, then even a header 
> consisting of some few lines is protected by the copyright.

Hi Christian,

this is all very good to know, thank you!

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